Whether the transfer of Agricultural land is totally prohibited as Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act?

  At the outset, we may say that there is dichotomy between the contention of the first Respondent/ the second Defendant founded on the Fragmentation Act as mentioned above and also his contention of absolute absence of a transaction partaking the real nature of sale. This is because Section 9(1) of the Fragmentation Act makes void only the transfer or partition of any land contrary to the provisions of the said Act. The word 'transfer' is not defined under the Fragmentation Act though the expression 'land' has been defined thereunder. As per Section 2(5) of the Fragmentation Act, the term 'land' means, 'agricultural land whether alienated or unalienated'. {Para 15}

It will not be inappropriate to look into the object of the Fragmentation Act, in the context of the contentions. It runs as under:

Whereas it is expedient to prevent the fragmentation of agricultural holdings and to provide for the consolidation of agricultural holdings for the purpose of the better cultivation thereof;

18. Thus, obviously, it is not the object or purpose of the Fragmentation Act to totally prohibit or prevent transfer of land within any notified 'local area', but it is only aimed at preventing the fragmentation of agricultural holdings and to provide for the consolidation of agricultural holdings for the purpose of the better cultivation thereof.

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 930 of 2023 

Decided On: 04.05.2023

 Damodhar Narayan Sawale (D) through L.Rs.  Vs. Tejrao Bajirao Mhaske and Ors.

Hon'ble Judges/Coram:

M.R. Shah and C.T. Ravikumar, JJ.

Author: C.T. Ravikumar, J.

Citation: MANU/SC/0535/2023.

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